Malik JAMAL AZIZ Versus DISTRICT QUALITY CONTROL BOARD, MULTAN

ORDER

CH. MUSHTAQ AHMAD, J.--- Through this petition, order No.452/Secy/DQCB dated 27.04.2009 passed by respondent No.1 has been challenged, whereby District Quality Control Board, Multan decided to lodge FIR against petitioner and to prosecute him in Drug Court.

2. Petitioner is proprietor of a medical store. Drug Inspector Shah Rukn-e-Alam Town, Multan inspected petitioner's medical store on 18.10.2008 and opined that medical store was being run in violation of provisions of Drugs Act, 1976. Drug Inspector referred the matter to District Quality Control Board, Multan, wherefrom a show-cause notice was issued to petitioner but he did not reply to that notice. Then respondent No.1/District Quality Control Board, Multan passed the impugned order.

3. Contention of petitioner is that show-cause notice was not received by him. In support of his contention, petitioner has annexed a certificate issued by Postmaster Multan GPO, according to which RL No.347 dated 23.01.2009 could not be delivered to its addressee due to vague and incomplete address. Learned counsel for petitioner further submits that petitioner should have been provided an opportunity of hearing before passing the impugned order. He refers to Rule 5(3) of Punjab Drug Rules, 2007. Show-cause notice issued to the petitioner apparently was not received by him. Therefore, impugned order has been passed without providing an opportunity of hearing to petitioner, as such not sustainable. For the reasons recorded above, petition in hand is hereby allowed and impugned order is set aside . However, respondents may issue a fresh show-cause notice to petitioner and proceed further in accordance with law.

SL/J-10/L Petition allowed.